South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 108

108—Division not to apply to certain matters

        (1)         If a defendant charged with a minor indictable offence does not elect, in accordance with the rules, for trial in a superior court, the Magistrates Court will not proceed to deal with the charge in accordance with this Division (and the matter will instead be dealt with by trial conducted in the Magistrates Court or by plea entered in the Magistrates Court) unless section 102(8) applies to the defendant.

Note—

In relation to trials and pleas for minor indictable offences conducted in the Magistrates Court see Division 4.

        (2)         If a defendant charged with a major indictable offence pleads guilty before the commencement of committal proceedings under this Division, the Magistrates Court may, subject to section 116(1)

            (a)         determine and impose sentence on the defendant; or

            (b)         commit the defendant to a superior court for sentence.

        (3)         To avoid doubt, subsection (2) applies regardless of whether the Director of Public Prosecutions has made a determination as to the appropriate charge or charges to be proceeded with in relation to the information charging the major indictable offence.



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